Privacy Policy

Introduction

1. This Privacy Policy sets out how Mark O’Brien Legal (MOBL) collects, holds, uses, stores and discloses personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act).
2. In this Privacy Policy, “we” and “us” refers to MOBL and “you” and “your” refers to any individual about whom we collect personal information.We may modify this policy from time to time by publishing updates to it on our website without notice.
3. We respect the privacy of individuals. Generally, we do not release personal information except in accordance with this policy. However, in response to a legal requirement, in the case of an emergency or in exceptional circumstances, a partner may authorise the release of personal information. In all other circumstances this policy governs the collection, storage, use and disclosure of personal information.

What is ‘personal information’?

4. In this policy, the term ‘personal information’ means information or opinion about an identified individual, or an individual who is reasonably identifiable. One type of personal information is ‘sensitive information’, which includes information about an individual’s health, genetics, race, political opinion or membership, religion, philosophical beliefs, union membership, sexual preference and criminal record.
5. Examples of the types of personal information which we collect include contact details, medical reports and records, financial records, employment records, injury reports, investigation reports and witness statements, criminal records and membership details. We may also collect a wide range of sensitive information in association with legal matters.

Collection of your personal information

6. MOBL may collect personal information including the following: your title, name, address, email address, telephone numbers, information reasonably necessary for us to provide advice and other services to you and information which is otherwise reasonably necessary for us to carry out our functions and activities.
7. MOBL may make a record of your visit to our website and log your visit for statistical and business purposes. Such information includes your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous site visited and the type of browser used. If you send us an email message we will record your email address. We will only use your email address for the purpose for which it was provided and otherwise in accordance with this policy.
8. Cookies are small files of information which save and retrieve information about your visit to our website. If you do not wish information to be stored as a cookie it is possible to disable the acceptance of cookies by your web browser. If you want to do this you should contact your ISP. If this site uses a cookie to deliver content we consider will interest you, the cookie may also be used for authentication. Please be aware that we are not responsible for the privacy practices of sites linked to our website.
9. Where MOBL collects personal information it is collected for MOBL’s business purposes, which are detailed generally on our website markobrienlegal.com.au.
10. Some personal information is required by MOBL in order to provide its services. If you do not provide that information, MOBL may be unable to provide its services to you. You may, in some circumstances, have the option of not identifying yourself or using a pseudonym when you deal with MOBL, such as if you are making a general enquiry about MOBL’s services. However, if you choose not to provide the information we may not be able to provide you with a service you request.
11. MOBL generally collects personal information directly from you when you communicate with us. However, there may be circumstances where we collect information about you from third parties or via other methods. For example, we may receive personal information about you from a client in the context of providing services to that client.

Use and disclosure of your personal information

12. Subject to this policy, MOBL will only use or disclose your personal information for the primary purpose for which you provided it. MOBL will not use or disclose your personal information for any secondary purpose without your consent, or unless you would reasonably expect us to use or disclose it for that secondary purpose (and that secondary purpose is related to the primary purpose). You may give MOBL your consent expressly or it may be implied by your conduct.
13. In addition, MOBL may use or disclose your personal information:

(a) in response to a legal requirement;

(b) where required or authorised by or under an Australian law (including the Act) or court or tribunal order;

(c) if we reasonably believe that the use or disclosure is:

(i) reasonably necessary for an enforcement related activity conducted by or on behalf of an enforcement body;

(ii) necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;

(iii) necessary in order to take appropriate action where we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in; or

(iv) reasonably necessary in order to locate a person reported as missing;

(d) if the assets and operations of our business are transferred to another party as a going concern; or

(e) if reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of confidential alternative dispute resolution.

14. MOBL may from time to time send you marketing material that MOBL considers will be useful to you. MOBL may also send you material about its activities. If you do not wish to receive this information, you can let us know and we will not send it to you. This does not apply to information that we are legally required to send.
15. Depending on the purpose for which it was provided to us, your personal information may be disclosed to external service providers, including specialist advisers, and any other person authorised by you.
16. Under no circumstances will MOBL sell or receive payment for licensing or disclosing your personal information.

Disclosure overseas

17. If reasonably required for the purpose for which you have disclosed your personal information, we may send your personal information overseas.

Storage and security of your personal information

18. MOBL may hold your personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems and in offsite backup storage. MOBL takes all reasonable steps to protect your personal information from loss, unauthorised access, modification, disclosure or other misuse, including the operation of secure data networks designed to protect your privacy and security.

Access to and correction of your personal information

19. You may request access to any information we hold about you or request that we make corrections to that information. However, by law we may refuse to allow you access to information in certain circumstances including where the information is subject to legal professional privilege. If we refuse to allow you access to your personal information held by us, we will explain why.

Complaints about privacy

20. Please notify Steven Lewis or Paul Svilans if you have any complaints relating to MOBL’s handling of your personal information. MOBL will investigate all complaints and respond to you within a reasonable time and in accordance with its legal obligations.

Changes to this policy

21. MOBL may amend this policy from time to time, and the updated policy will be published on MOBL’s website.

Contact details and further information

22. If you have any questions in relation to privacy or to access or correct your personal information, please contact Steven Lewis or Paul Svilans. For further information about privacy issues, see the Office of the Australian Information Commissioner’s website at oaic.gov.au.